Education and transportation funding still issues in Texas

Published 12:00 am, Tuesday, December 3, 2013

While the state legislature attempted to tackle some of Texas’ biggest issues last session, State Rep. Patricia Harless told Cy-Fair chamber members recently that much still needed to be done.

While the state restored $3.4 billion of the $5.4 billion cut last session, Texas schools are suing the state for the cuts made during the 82nd Session and what they say is an inequitable funding formula.

In February, state District Judge John Dietz ruled Texas' school finance system was unconstitutional, but that ruling was subject to appeal. In June, Dietz reopened the case after both parties agreed.

“We are not through with the court case,” said Harless. “The trial can continue until August or September of next year and we expect Judge Dietz to hand down another decision by November 2014, which means the 2014 session will have a lot more education talk.

The lawsuit centers on adequacy and equity in public school funding.

“I think it’s very hard to prove the adequacy part but I think that’s where the states going to get slapped down,” said Harless.

Another ongoing issue is the State Board of Education’s stance on HB 5, which cut the number of tests high school students take from 15 to five and made graduation requirements more flexible. The law also creates the Foundation School Program, which allows students to graduate with endorsements in certain disciplines and supplant previous core classes with career and technology classes, a move proponents say allows students to pursue more career options.

At issue is how the State Board of Education plans to implement the new law. While the board has the power to pass new rules changing graduation requirements, the legislature has the power to strip the board of those powers, said Harless.

One of the most controversial issues with implementing the law was getting rid of the Algebra II requirement, she said. Previously, all students except the ones graduating on the minimum plan were required to take the class.

“The intent of HB5 was to give the school districts flexibility,” she said. “Not every student needs to take Algebra II. It’s just not something they may choose to use in their field.”

Last Thursday though, the board voted to implement the law as written by the legislature. Prior to the vote, Cy-Fair ISD Superintendent Mark Henry testified in favor of HB 5 in front of the State Board. In addition, Harless said she and several other legislatures had written letters in favor of the law.

“With those rules they are trying to circumvent the will of the legislature and put some extra curriculum in that rule process and really take away the flexibility of the schools,” said Harless.

Following the board’s decision, a public comment period will open in December and a second reading and final adoption will occur in January.

Education wasn’t the only ongoing battle in the legislature. Harless also outlined the ongoing battle between keeping taxes low and adequately funding transportation in a state with a rapidly growing population.

During the third special session, lawmakers approved a constitutional amendment that will raise an estimated $1.2 billion per year for transportation from the state’s Rainy Day Fund. To go into effect, the amendment must be approved by the voters in a referendum scheduled for November 2014.

While lawmakers say the amendment won’t increase taxes, Harless said the amendment was a “drop in the bucket” compared to Texas’ transportation needs. Harless was instead in favor of increasing the gas tax and car registration fees and funding transportation out of the general fund.

“Our registration fees are the lowest in the United States,” said Harless.

Texans pay about $65 compared to Nebraskans who pay about $800, she said.

“The gas tax has not been re-indexed since 1991,” she said. “Everyone pays it. It’s the only one where everyone traveling in the states-even noncitizens. If you are driving a car, you are paying the tax. It’s the only fair tax we have.”

While Harless said she introduced the bill, it was not popular among other Republicans who are not in favor of a new tax.

“I pay about 150 a month to drive on toll roads,” she said. “I choose to do that because it gets me where I need to go in time, but if we don’t spend money on transportation out of general revenue all we’re going to have is toll projects.”

Harless cautioned that continuing to short transportation will continue Harris County’s trend of only building toll roads.

“I think all new revenue that we generate from transportation projects should go to non-tolled free access transportation projects,” she said. “In Harris County, that’s all we have slated to build is toll roads.”

Despite her concerns, Harless said she was still in favor of the constitutional amendment that will raise $1.2 billion to the State Highway Fund. Even if it does pass, state highway funding will likely have to be addressed again next session, she said.